On September 21, 2007, the EEOC filed a claim in the United States District Court for the Eastern District of Missouri under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 on behalf of two aggrieved female employees. The EEOC alleged that Defendant, Bodega ...
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On September 21, 2007, the EEOC filed a claim in the United States District Court for the Eastern District of Missouri under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 on behalf of two aggrieved female employees. The EEOC alleged that Defendant, Bodega Bars, engaged in unlawful employment practices on the basis of sex. Specifically, the EEOC claimed that the two female employees were subjected to egregious sexual harassment by one of Defendant's customers, and Defendant did not take appropriate corrective action despite the employees' repeated complaints. Furthermore, the propositions, touching, and graphic sexual comments by the customer allegedly created a sexually hostile work environment for the employees that was so oppressive that they were forced to resign their employment. The EEOC sought injunctive and monetary relief.

On November 30, 2007, the District Court (Judge Charles A. Shaw) granted a motion to intervene by the two employees. The plaintiff-intervenors filed their complaint that same day, making the same claims as included in the original complaint.

The District Court (Judge Donald J. Stohr) then approved a settlement between the parties under a consent decree on July 2, 2008. The decree accorded general injunctive relief, requiring that Defendant not engage in sexual harassment or sex discrimination in any of its restaurants against its employees. The decree also provided that Defendant pay $64,000 in monetary damages ($32,000 each) to the two aggrieved employees. Defendant was also required to take reasonable steps to exclude from its premises the customer at issue.

The decree further provided that Defendant establish a sexual harassment policy that would be distributed to all of its employees, as well as provide two hours of training on the policy to its managers. The consent decree was to be in effect for a period of two years.

EEOC on behalf of two female employees (who also filed as intervenor-plaintiffs) alleging sex harassment by a customer and constructive discharge by company for its failure to act to end the harassment.